The United Nations has called for stronger legal safeguards and limits on neurotechnology, warning that brain data collected through gaming headsets and wellness devices could be used in court proceedings and threaten fundamental human rights.
A new report by UN Secretary-General António Guterres warns that advances in neurotechnology are outpacing laws designed to protect human rights, raising concerns about privacy, freedom of thought and the right to a fair trial, particularly for marginalised groups.
Presenting the report to the UN General Assembly’s Third Committee on Thursday, senior human rights official Claudia Fuentes Julio highlighted the growing use of neurotechnology in justice systems and the risks associated with its convergence with artificial intelligence (AI).
When technology meets the law
Neurotechnology, once used primarily for medical diagnosis and treatment, involves measuring, monitoring, analysing, predicting or modifying the nervous system.
These technologies collect neural data, including qualitative and quantitative information about the structure, activity and function of the nervous system.
“Neurotechnology accesses, measures and analyses brain signals,” Guterres wrote in the report. He warned that treating these signals as direct indicators of a person’s thoughts, intentions or truthfulness could undermine human dignity and how individuals are understood and valued.
Previously largely confined to clinical and research settings, neurotechnology is increasingly entering—or could soon enter—consumer markets, workplaces, schools, public services, law enforcement and justice systems.
From gaming devices to courtrooms
Fuentes Julio warned of the risks posed by the growing commercialisation of neurotechnology and the collection of large volumes of neural data by technology companies.
Wearable electroencephalography (EEG) devices, marketed for gaming, wellness and productivity, are becoming increasingly accessible.
Neural data gathered through these devices could potentially be accessed by governments or presented as evidence in legal proceedings without adequate recognition of its highly sensitive nature, the report cautioned.
Although neurotechnology offers significant potential, particularly in medical and assistive applications, its use in legal settings raises distinct human rights and legal concerns. These risks may increase when tools and data originally developed for medical purposes are repurposed without appropriate safeguards.
Privacy and fair trial rights at risk
The report warns that neurotechnology could threaten dignity, privacy, freedom of thought, fair trial rights and personal liberty, as well as protection from ill-treatment. Marginalised people may be particularly vulnerable.
Fuentes Julio said the report calls for prohibiting coercive and abusive applications of neurotechnology and establishing stronger protections through informed consent, scientific validation, oversight, accountability and safeguards for neural data.
The report describes neural data as uniquely sensitive personal information requiring heightened protection.
It urges governments to ensure that the growing use of neurotechnology does not undermine fundamental rights as the technology advances and becomes more widely available.